A federal program that has supported Native Hawaiian medical students for 35 years now faces a constitutional challenge from a conservative advocacy group seeking to open the scholarships to applicants of all races.
Do No Harm, a Utah-based organization, filed suit against the federal government in March, arguing that the Native Hawaiian Health Scholarship Program unfairly restricts aid based on ancestry. The group claims three of its members were denied applications because they are not Native Hawaiian, and contends that applicants with even distant Hawaiian heritage should be eligible.
The lawsuit represents the latest salvo in a broader conservative campaign to dismantle race-conscious programs nationwide, accelerated after the Supreme Court eliminated affirmative action in college admissions in 2023.
Congress established the Native Hawaiian Health Scholarship Program in 1988 following research documenting critical healthcare gaps for Native Hawaiians. The data remains stark: Native Hawaiians and Pacific Islanders have significantly lower life expectancy than other groups in Hawaii, the state with the highest life expectancy overall. Nearly 12% of Native Hawaiians lack health insurance, compared to 8% nationally.
Over three and a half decades, the program has funded education for 324 students across multiple health fields, including 71 doctors, 108 nurses, 49 social workers, and professionals in dentistry, pharmacy, and therapy. Recipients commit to serving underserved areas in Hawaii after graduation, and most remain in those communities long after their obligation ends.
Stanley Goldfarb, chair of Do No Harm, framed the lawsuit as ensuring fair competition for financial aid. "Our complaint challenging the Native Hawaiian Health Scholarship Program is aimed at ensuring well-deserving applicants can qualify to compete for the financial relief the scholarship provides," he said in a statement.
But defenders of the program say it addresses a specific, documented need. Sheri-Ann Daniels, CEO of Papa Ola Lokahi, which administers the scholarship, stated that the lawsuit "ignore both the historical context and the ongoing need to safeguard equitable access to care throughout Hawaii."
Dr. Daniel Garcia, an internist at the Maui Medical Group who received the scholarship in 1991, credits the aid with enabling him to pursue medicine. He described struggling financially at the time, cleaning yards to survive. "The scholarship was extremely beneficial because it allowed me to focus on my studies," he told the Guardian. "Native Hawaiians are a very prideful people, and if there's a tone of condescension or arrogance, they just won't go."
Garcia has maintained his practice in Maui since 2000, treating predominantly Native Hawaiian patients who often feel more comfortable with a provider who shares their background and culture.
Do No Harm contests that argument. Executive director Kristina Rasmussen stated that "great doctors are not defined by their skin color or background" and that "Native Hawaiians, along with every other American, should have equal access to federal programs that should be squarely centered on merit."
The lawsuit specifically challenges how Native Hawaiian ancestry is defined, noting that the program includes applicants with only one Native Hawaiian ancestor, ranging from 50% to as little as 0.2% Hawaiian heritage. The suit argues there is no valid reason to base federal scholarships on race or ethnicity.
The timing reflects broader government action against diversity initiatives. The Trump administration has aggressively targeted such programs, attempting to cut Harvard's federal funding over diversity policies and directing the Department of Justice to challenge school policies allegedly discriminatory against white students. The Department of Education declared on Facebook that "DEI is DEAD."
This legal challenge mirrors another case filed last year by Students for Fair Admission against the Kamehameha Schools, a private system primarily serving Native Hawaiians. That group argued the school's preference for Native Hawaiian enrollment is unfair.
Dee-Ann Carpenter, associate professor at the University of Hawaii's John A Burns School of Medicine, received a predecessor scholarship in the early 1990s. She called the health scholarship program essential for Native Hawaiians who lack other funding options, noting that having providers who look like patients creates "an automatic connection and trust."
Garcia expressed frustration with efforts to dismantle the program. "In a word, it sounds evil, to tell you the truth," he said. "The program worked remarkably. Putting someone like myself in a position where I can help the community and help other Native Hawaiians seek higher education, just say: 'Hey, you can do this as well.' All of that seems good."
Author James Rodriguez: "This lawsuit exposes a contradiction at the heart of the diversity debate: a program explicitly designed to fix measurable health disparities is being treated as if merit and fairness exist in a vacuum, untethered from the real outcomes playing out in Hawaiian communities."
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